(a) (1)
(A) (i) An aggrieved person may, not later than one year after an
alleged discriminatory housing practice has occurred or terminated,
file a complaint with the Secretary alleging such discriminatory housing
practice. The Secretary, on the Secretary’s own initiative, may also
file such a complaint.
(ii) Such complaints shall be in writing and shall contain such information
and be in such form as the Secretary requires.
(iii) The Secretary may also investigate housing
practices to determine whether a complaint should be brought under
this section.
(B) Upon the filing of such a complaint—
(i) the Secretary shall serve notice upon the aggrieved person acknowledging
such filing and advising the aggrieved person of the time limits and
choice of forums provided under this title;
(ii) the Secretary shall, not later than 10
days after such filing or the identification of an additional respondent
under paragraph (2), serve on the respondent a notice identifying
the alleged discriminatory housing practice and advising such respondent
of the procedural rights and obligations of respondents under this
title, together with a copy of the original complaint;
(iii) each respondent may file,
not later than 10 days after receipt of notice from the Secretary,
an answer to such complaint; and
(iv) the Secretary shall make an investigation
of the alleged discriminatory housing practice and complete such investigation
within 100 days after the filing of the complaint (or, when the Secretary
takes further action under subsection (f)(2) with respect to a complaint,
within 100 days after the commencement of such further action), unless
it is impracticable to do so.
(C) If the Secretary is unable to complete
the investigation within 100 days after the filing of the complaint
(or, when the Secretary takes further action under subsection (f)(2)
with respect to a complaint, within 100 days after the commencement
of such further action), the Secretary shall notify the complainant
and respondent in writing of the reasons for not doing so.
(D) Complaints and answers
shall be under oath or affirmation, and may be reasonably and fairly
amended at any time.
6-1460.1
(2) (A) A person who
is not named as a respondent in a complaint, but who is identified
as a respondent in the course of investigation, may be joined as an
additional or substitute respondent upon written notice, under paragraph
(1), to such person, from the Secretary.
(B) Such notice, in addition to meeting
the requirements of paragraph (1), shall explain the basis for the
Secretary’s belief that the person to whom the notice is addressed
is properly joined as a respondent.
6-1460.2
(b) (1) During the period beginning
with the filing of such complaint and ending with the filing of a
charge or a dismissal by the Secretary, the Secretary shall, to the
extent feasible, engage in conciliation with respect to such complaint.
(2) A conciliation agreement
arising out of such conciliation shall be an agreement between the
respondent and the complainant, and shall be subject to approval by
the Secretary.
(3) A
conciliation agreement may provide for binding arbitration of the
dispute arising from the complaint. Any such arbitration that results
from a conciliation agreement may award appropriate relief, including
monetary relief.
(4)
Each conciliation agreement shall be made public unless the complainant and respondent
otherwise agree and the Secretary determines that disclosure is not
required to further the purposes of this title.
(5) (A)
At the end of each investigation under this section, the Secretary
shall prepare a final investigative report containing—
(i) the names
and dates of contacts with witnesses;
(ii) a summary and the dates of correspondence
and other contacts with the aggrieved person and the respondent;
(iii) a summary description
of other pertinent records;
(iv) a summary of witness statements; and
(v) answers to interrogatories.
(B) A final report
under this paragraph may be amended if additional evidence is later
discovered.
6-1460.3
(c) Whenever
the Secretary has reasonable cause to believe that a respondent has
breached a conciliation agreement, the Secretary shall refer the matter
to the Attorney General with a recommendation that a civil action
be filed under section 814 for the enforcement of such agreement.
(d) (1) Nothing said or done in the
course of conciliation under this title may be made public or used
as evidence in a subsequent proceeding under this title without the
written consent of the persons concerned.
(2) Notwithstanding paragraph (1), the
Secretary shall make available to the aggrieved person and the respondent,
at any time, upon request following completion of the Secretary’s
investigation, information derived from an investigation and any final
investigative report relating to that investigation.
6-1460.4
(e) (1) If the Secretary concludes
at any time following the filing of a complaint that prompt judicial
action is necessary to carry out the purposes of this title, the Secretary
may authorize a civil action for appropriate temporary or preliminary
relief pending final disposition of the complaint under this section.
Upon receipt of such an authorization, the Attorney General shall
promptly commence and maintain such an action. Any temporary restraining
order or other order granting preliminary or temporary relief shall
be issued in accordance with the Federal Rules of Civil Procedure.
The commencement of a civil action under this subsection does not
affect the initiation or continuation of administrative proceedings
under this section and section 812 of this title.
(2) Whenever the Secretary has reason to
believe that a basis may exist for the commencement of proceedings
against any respondent under sections 814(a) and 814(c) or for proceedings
by any governmental licensing or supervisory authorities, the Secretary
shall transmit the information upon which such belief is based to
the Attorney General, or to such authorities, as the case may be.
6-1460.5
(f) (1) Whenever a complaint alleges
a discriminatory housing practice—
(A) within the jurisdiction
of a State or local public agency; and
(B) as to which such agency has been
certified by the Secretary under this subsection;
the Secretary shall refer such complaint to that certified
agency before taking any action with respect to such complaint.
(2) Except with the consent
of such certified agency, the Secretary, after that referral is made,
shall take no further action with respect to such complaint unless—
(A) the certified agency has failed to commence proceedings with
respect to the complaint before the end of the 30th day after the
date of such referral;
(B) the certified agency, having so commenced such proceedings, fails
to carry forward such proceedings with reasonable promptness; or
(C) the Secretary
determines that the certified agency no longer qualifies for certification under this
subsection with respect to the relevant jurisdiction.
6-1460.6
(3) (A) The Secretary may certify
an agency under this subsection only if the Secretary determines that—
(i) the substantive rights protected by such agency in the jurisdiction
with respect to which certification is to be made;
(ii) the procedures followed by such agency;
(iii) the remedies available
to such agency; and
(iv)
the availability of judicial review of such agency’s action;
are substantially equivalent to those created by and under
this title.
(B) Before
making such certification, the Secretary shall take into account the
current practices and past performance, if any, of such agency.
6-1460.7
(4) During the period
which begins on the date of the enactment of the Fair Housing Amendments
Act of 1988 and ends 40 months after such date, each agency certified
(including an agency certified for interim referrals pursuant to 24
CFR 115.11, unless such agency is subsequently denied recognition
under 24 CFR 115.7) for the purposes of this title on the day before
such date shall for the purposes of this subsection be considered
certified under this subsection with respect to those matters for
which such agency was certified on that date. If the Secretary determines
in an individual case that an agency has not been able to meet the
certification requirements within this 40-month period due to exceptional
circumstances, such as the infrequency of legislative sessions in
that jurisdiction, the Secretary may extend such period by not more
than 8 months.
(5) Not
less frequently than every 5 years, the Secretary shall determine
whether each agency certified under this subsection continues to qualify
for certification. The Secretary shall take appropriate action with
respect to any agency not so qualifying.
6-1460.8
(g) (1) The Secretary shall, within
100 days after the filing of the complaint (or, when the Secretary
takes further action under subsection (f)(2) with respect to a complaint,
within 100 days after the commencement of such further action), determine
based on the facts whether reasonable cause exists to believe that
a discriminatory housing practice has occurred or is about to occur,
unless it is impracticable to do so, or unless the Secretary has approved
a conciliation agreement with respect to the complaint. If the Secretary
is unable to make the determination within 100 days after the filing
of the complaint (or, when the Secretary takes further action under
subsection (f)(2) with respect to a complaint, within 100 days after
the commencement of such further action), the Secretary shall notify
the complainant and respondent in writing of the reasons for not doing
so.
6-1460.9
(2) (A) If the Secretary determines
that reasonable cause exists to believe that a discriminatory housing
practice has occurred or is about to occur, the Secretary shall, except
as provided in subparagraph (C), immediately issue a charge on behalf
of the aggrieved person, for further proceedings under section 812.
(B) Such charge—
(i) shall consist of a short and plain statement of the facts upon
which the Secretary has found reasonable cause to believe that a discriminatory
housing practice has occurred or is about to occur;
(ii) shall be based on the final investigative
report; and
(iii) need
not be limited to the facts or grounds alleged in the complaint filed
under section 810(a).
(C) If the Secretary determines that
the matter involves the legality of any State or local zoning or other
land use law or ordinance, the Secretary shall immediately refer the matter to the
Attorney General for appropriate action under section 814, instead
of issuing such charge.
6-1461
(3) If the Secretary determines that no
reasonable cause exists to believe that a discriminatory housing practice
has occurred or is about to occur, the Secretary shall promptly dismiss
the complaint. The Secretary shall make public disclosure of each
such dismissal.
(4)
The Secretary may not issue a charge under this section regarding
an alleged discriminatory housing practice after the beginning of
the trial of a civil action commenced by the aggrieved party under
an Act of Congress or a State law, seeking relief with respect to
that discriminatory housing practice.
6-1461.1
(h) After the Secretary issues a charge under this section, the Secretary
shall cause a copy thereof, together with information as to how to
make an election under section 812(a) and the effect of such an election,
to be served —
(1) on each respondent named in such charge,
together with a notice of opportunity for a hearing at a time and
place specified in the notice, unless that election is made; and
(2) on each aggrieved
person on whose behalf the complaint was filed.
[42 USC 3610. As amended
by act of Sept. 10, 1988 (102 Stat. 1625).]
